ENVIRONMENTAL PROTECTION ACT 1994 - SECT 435A
Offence to contravene prescribed conditions for particular activities
ENVIRONMENTAL PROTECTION ACT 1994 - SECT 435A
Offence to contravene prescribed conditions for particular activities
435A Offence to contravene prescribed conditions for particular activities
(1) This section applies if—
(a) a person is carrying out a small scale
mining activity; and
(b) prescribed conditions are in effect for the carrying
out of the activity.
(2) The person must not wilfully contravene the
prescribed conditions.
Penalty—
Maximum penalty—6,250 penalty units
or 5 years imprisonment.
(3) The person must not contravene the prescribed
conditions.
Penalty—
Maximum penalty—4,500 penalty units.
(4) In a
proceeding for an offence against subsection (2) , if the court is not
satisfied the defendant is guilty of the offence charged but is satisfied the
defendant is guilty of an offence against subsection (3) , the court may find
the defendant guilty of the offence against subsection (3) .
